Employment law is a broad term that encompasses the relationship between an employer and an employee. In most case scenarios, employees have been discriminated overtime hence the need for the government to come up with employment laws that regulate the relationship between the employees and other various groups such as the employer, government and trade unions. It is an important issue that needs to be analyzed carefully by any involved personnel. Employment laws cover the employer-employee relationships but exclude negotiation process which is covered by labor law.
In question 1, Employees should not be allowed to work extra hours. According to FLSA, as the working hours are taken into account, the extra hours which are termed as irrelevant may be ignored because they cannot be termed as a proper record for payroll services. In addition to that, the courts also take a stand that those extra hours are insignificant (Business & Legal Reports, Inc, 2004). However, this rule only applies to times when there is a certain uncertainty in the workplace.
This rule applies only where there are uncertain and indefinite periods of time that is involved, minutes in the time period, and where the inability to count that time is justified by industrial realities. As noted, an employer may not arbitrarily fail to count any section of the working time that can be practically ascertained (Business & Legal Reports, Inc, 2004). An example is when a worker checks in at the workplace as usual and gets to be assigned an additional job. The work done is regarded as insignificant due to the fact that it was limited to that time only.
Therefore, employers should not allow employees to work at extra hours in performing a task because legally, they wil...
... middle of paper ...
...terminations and firings through proper and legal methods.
Even with the three processes, many people still wonder what employment law is. Lack of awareness is a major setback in the world hence leaving many people unaware of the importance of employment law (Walsh, 2012). Workers and employers in any company should know about the employment law and conform to the rules contained in the laws by constantly practicing them. In order to ensure this, the company should set up educational programs that teach on employment law. With all the parties involved being aware, a great deal of cooperation and hard work is achieved.
Bibliography
Business & Legal Reports, Inc. (2004). FLSA Wage and Hour Self-audit Guide. Nwe York: Business & Legal Reports.
Walsh, D. (2012). Employment Law for Human Resource Practice. London: Cengage Learning.
Employee manuals are an important document for employees and employers alike. This document provides the fundamental information that a company may wish to convey to its new employees and as a refresher for old employees. It is a general rule that all businesses with fifteen or more full-time or part-time employees should have an employee manual (Pestronk). Once a business has fulfilled the minimum requirement of fifteen employees “it becomes subject to the equal-employment opportunity provisions of the federal civil rights laws,” and consequently th...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Key events in the history of labor unions such as the Homestead Strike, Haymarket Square Riot, and Pullman Strike have largely impacted union memberships. The passing of federal laws have also impacted union memberships. Additionally, federal laws have been enacted throughout the years that protect both employers and employees. These laws along with the labor relations, technological advances and globalization have greatly helped shape Human Resources into what it is today.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
8. Employees should always work according to their scheduled times and refrain from taking unapproved overtime. Regular tardiness and unexcused absences will not be tolerated under any circumstances.
It is human nature to look out for one’s individual self-interests. This vested interest is what minimizes unjust treatment by other parties and ensures success. Leverage is priceless when presented with an unfair employment scenario. In the case of an employer and employee relationship, too much power on either side can quickly become detrimental. Balancing this power is no easy task and holds no single solution. In this essay, I will propose that the contract at will, or employment at will, is one viable solution that can legitimately benefit both the employer and the employee. My view on this issue is one that is often the minority, as there has been a significant amount of criticism over the contract at will. In a society that is fearful of large and overly powerful corporations, the idea of at will employment can seem absurd to some. Many people believe the contract at will is an easy attempt for corporations to abuse their power against the working man. My arguments that follow will demonstrate how just-cause requirements are not always in the best interests of employees. My defense will include many of the points made by Epstein and other scholars, as well legal cases and my personal opinions. Through the use of the contract at will, I will argue that employment operations can become more efficient and equitable for all parties.
Originally drafted in 1932, the Fair Labor Standards Act (FLSA) is intended to protect workers against certain unfair practices or work regulations. The FLSA is one of the most important federal labor laws for employers to understand because it sets out a wide array of regulations for dealing with
Department of Labor (DOL) run change giving extra time regulations, which will require the organizations to stretch out overtime protections to an expected 4.2 million employees. The requirements for employers are rapidly changing, it's imperative to track and record representatives' hours appropriately. Neglecting to do as such could prompt to mistakes and potentially even expensive lawsuits. For small businesses utilizing pen and paper or Microsoft Excel to track hours physically, the change implies additional time spent in regulatory assignments and a higher probability of mistakes. "If you are tracking time on paper, switch to an automated system," said John Waldmann, founder of employee scheduling company Homebase. "Tracking hours is complex, and the last thing you want is to be unprepared come Dec. 1 and have this catch up to you in 2017. This next month and a half is really the time to put the technological change in
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Though company policy states for employees to clock out if going for personal business off the premise, it does not entirely clarify the entire situation of this minor issue of an employees two hours of pay or not when leaving work beneficial to the department. I side with George Mann and his verdict of permitting his worker of remaining on the clock to pick up the lawnmower parts for the department and managing some minor private business at the same time or in the same
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
You are required to work a minimum of 50 hours in a week if you are in management and this is done on a tracking system. You are expected to work two night shifts in a week, weekends and every holiday excluding Thanksgiving,
During recent years, the principle and practice of employment at will has been under attack. Employment-at-will has been a fixture in the United States employment law since the Industrial Revolution in the late 1800’s. In the simplest and earlier state, employment at will meant that an employee who worked for an indefinite period of time worked at the will of the employer. Absent a contractual provision to the contrary, either party could terminate the employment for any reason. At least 55% of all employees and managers in the private sector of the workforce in the United States today are “at-will” employees (Radin & Werhane, 2003). On the surface, employment at will appeared to be a neutral doctrine fiving both the employer and the employee a way out of an undesirable employment relationship. However, the doctrine in practice worked to the benefit of...
Since its inception in 1938, overtime law has proved to be one of the core fundamentals necessary in maintaining a safe and equal workplace. The FLSA continues to be modified in order to meet the changing needs of the American workforce, and overtime regulations will continue to play a key part in maintaining and enforcing a fair system of organized labor in the United States.
It is important to know what an employer and employee are according to legislation as both have several rights. An employee is ‘. . . an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.’ An employer is "... in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed". This is crucial to whether or not an employer can stop an employee from working with others or themselves after and during employment as, without a contract the employee can leave their current job and work fo...